Outside run with 10 x 10 shelter
P5 Equestrian BOARDING AGREEMENT – Bungalow
THIS AGREEMENT, for good and valuable consideration receipt of which is hereby acknowledged, dated the __________ day of ____________, 20___made by and between P5 Equestrian, hereinafter referred to as 'P5 EQUESTRIAN', providing services as an independent contractor, located at 8720 Hedden Road, Evansville, Indiana 47725 and ___________________________________________________________________________ (owner’s name or parent/guardian if owner is minor) residing at __________________________________________________________________________, (owner’s address) hereinafter referred to as 'OWNER', owner of the hereinafter-described horse(s).
These parties warrant that they have the right to enter into this AGREEMENT.
1. Fees, Term and Location
In consideration of $275.00 per horse per month paid by OWNER in advance on the 1st day of each month, P5 EQUESTRIAN agrees to board the herein described horse (s) at P5 Equestrian on a month-to-month basis commencing _____________________, 20___.
2. Description of Horse (s)
Name: _________________________________ AGE: ________
Color: ______________________________ Sex: ____________
Breed: ____________________________________
Registration Number (if applicable): ___________________
Value of Horse: $_________________________
(In the event that this AGREEMENT provides the herein described boarding services for more than one horse, the same information, in the same format, as provided in this Section 2, shall be set in writing and attached hereto as
Exhibit 'A', which is hereby incorporated in full by reference.)
3. Feed and Facilities
P5 EQUESTRIAN agrees to provide the following, in addition to normal and reasonable care and handling to maintain the health and well being of the animal (s).
Bungalow housing – 10’ x 10’ shelter attached to paddock
Grain: 4 pounds of grain per day fed 2 times per day
Feed Type: 10% protein low molasses mix from Dewig. A substitute feed may be used if provided by owner.
Hay: Free choice grass hay will be provided, unless rationing is needed for horse’s health.
Shoeing and Worming
P5 EQUESTRIAN __________ will or __________ will not agree to provide the necessary shoeing and worming of the horse as is reasonably necessary. Provided however, such expense for same shall be the obligation of OWNER hereunder. Upon presentation by P5 EQUESTRIAN of the bill for said services rendered, including service charges, if any, OWNER shall pay said bill within fifteen days that the bill is submitted to OWNER.
Special Instructions to P5 EQUESTRIAN
Furthermore, it is expressly recognized and understood that the boarding of said horse (s), as agreed to herein, is not a personal services contract and accordingly, any services provided for hereunder may be performed by P5 EQUESTRIAN or its employees, officers, agents and/or family members.
4. Turn-Out
The horse(s) will be turned out daily, weather permitting.
5. Ownership/Coggins Test
OWNER warrants that it owns said horse (s), that there are no liens against said horse (s), express or implied by law, and will provide prior to time of delivery of said horse (s), to P5 EQUESTRIAN, proof satisfactory of a negative Coggins test current within the twelve month period immediately preceding delivery of the horse to P5 EQUESTRIAN.
6. Risk of Loss
During the time that the horse (s) is/are in the custody of P5 EQUESTRIAN, P5 EQUESTRIAN shall not be liable for any sickness, disease, theft, death or injury which may be suffered by the horse. This includes, but is not limited to, any personal injury or disability the horse may receive while of P5 EQUESTRIAN’s premises. OWNER fully understands and hereby acknowledges that P5 EQUESTRIAN does not carry any insurance on any horse s) not owned by P5 EQUESTRIAN, including, but not limited to, such insurance for boarding or any other purposes, for which the horse( s) is/are covered under any public liability, accidental injury, theft or equine mortality insurance, and that all risks relating to boarding of horse (s), or for any other reason, for which the horse (s) is/are in the possession of P5 EQUESTRIAN, are to be borne by OWNER.
7. Hold Harmless
OWNER agrees to hold P5 EQUESTRIAN harmless from any claim resulting from damage or injury caused by said horse, OWNER or his guests and invitees, to anyone, including but not limited to legal fees and/or expenses incurred by P5 EQUESTRIAN in defense of such claims.
8. Liability Insurance
OWNER warrants that he presently carries in full force and effect, and throughout the period of this AGREEMENT shall continue to carry and maintain in full force and effect, liability insurance protecting OWNER and P5 EQUESTRIAN from any and all claim (s) arising out of or relating to this AGREEMENT.
9. Emergency Care
P5 EQUESTRIAN agrees to attempt to contact OWNER, at the following emergency telephone numbers
Home ( )_______________________________
Work ( )_______________________________
Cell ( )_______________________________
Other ( )_______________________________
Should P5 EQUESTRIAN feel that medical treatment is needed for said horse (s), provided however, that in the event the P5 EQUESTRIAN is unable to so contact OWNER within a reasonable time, which time shall be judged and determined solely by P5 EQUESTRIAN, P5 EQUESTRIAN is then hereby authorized to secure emergency veterinary care and/or blacksmith care, and by any licensed providers of such care who are selected by P5 EQUESTRIAN, as P5 EQUESTRIAN determines is required for the health and well-being of said horse (s). The cost of such care secured shall be due and payable by OWNER within fifteen days from the date OWNER receives notice thereof, provided however, that P5 EQUESTRIAN is authorized to arrange direct billing by said care provider to the OWNER.
10. P5 Equestrian Rules
Owner hereby acknowledges receipt and understanding of the current P5 EQUESTRIAN Rules, which are incorporated by reference in full, as if fully set forth herein. OWNER agrees he and his guests and invitees will be bound and abide by these Rules, and accepts responsibility for the conduct of his guests and invitees according to these Rules. OWNER acknowledges the Rules include but are not limited to:
P5 EQUESTRIAN Safety Rules; P5 EQUESTRIAN Hours of Operation; Notice of Required Release and Waiver for minors; Statement of Applicable state equine liability laws; Required Veterinary care; P5 EQUESTRIAN may revise these Rules from time to time and OWNER agrees any revision shall have the same force and effect as current Rules. Failure, as determined is P5 EQUESTRIAN’s sole discretion, of OWNER or OWNER’s guests and invitees to abide by P5 EQUESTRIAN Rules may result in P5 EQUESTRIAN declaring OWNER in default hereunder and result in termination of this AGREEMENT.
11. Default
Either party may terminate this AGREEMENT for failure of the other party to meet any material terms of this AGREEMENT, including but not limited to item 11 P5 Equestrian Rules. In the case of a default by one party, the other party shall have the right to recover legal fees and expenses, if any, incurred as a result of said default. Any payment due P5 EQUESTRIAN under this AGREEMENT shall be due and payable by the tenth day of the month and immediately in the event of termination. Failure to make any payment by said due date shall place OWNER in default hereunder. Acceptance by P5 EQUESTRIAN of any late payment shall not constitute a waiver of subsequent due dates or determinations of default.
12. Assignment This AGREEMENT may not be assigned by OWNER without the express written consent of P5 EQUESTRIAN.
13. Notice of Termination
OWNER agrees that thirty (30) days notice shall be given to P5 EQUESTRIAN as to the termination of this AGREEMENT.
14. Right of Lien
OWNER is put on notice that P5 EQUESTRIAN has and may assert and exercise a right of lien, as provided for by the laws of the State of Indiana, for any amount due for the board and keep of horse (s), and also for any storage or other charges due hereunder, and further agrees P5 EQUESTRIAN shall have the right, without process of law, to attach a lien to your horse (s) after two (2) months of non-payment or partial payment and P5 EQUESTRIAN can then sell horse (s) to recover its loss
15. Be aware of the following Indiana Law:
Under Indiana law, an equine professional is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities.
THIS AGREEMENT IS SUBJECT TO THE LAWS OF THE State of Indiana.
Executed at ____________________________ on the date first set forth above.
"P5 EQUESTRIAN"
By: ___________________________________________
"Owner"
By: ___________________________________________
Address: ____________________________________________________________
Telephone: ( )___________________________